Q: DV-115 request for continuance of DVRO hearing?
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?
(2) Will the judge decide to grant or deny the DV-115 request without the respondent’s knowledge, or will the judge decide at the hearing 1.5 weeks later?
A:
1) Yes, if you as the petitioner file a request for continuance (form DV-115) to postpone the DVRO hearing, you must provide copies to the other party (the respondent). The instructions for form DV-115 state that you must have someone mail a copy of the filed DV-115 to the respondent and any other protected parties.
2) The judge may decide on the request to continue the hearing before the scheduled hearing date. However, under California Rules of Court, rule 5.95(d), the court can wait until the hearing date to decide whether to grant or deny the continuance. So the judge may decide at the currently scheduled hearing in 1.5 weeks, after considering any opposition from the respondent. The respondent would have an opportunity to file an opposition by the court date requesting the continuance be denied.
A: If you are the person who is restrained and this is your first continuance, the Court will grant your request because you have the right to one continuance of the initial hearing. If you are the person who filed the DV100 and obtained the DVRO, you will be required to make a showing of "good cause" (aka good reason) in support of your request for a continuance. You would also be given a continuance if you were not able to serve the papers timely. You need to have someone mail the request to the other party and have that person prepare and sign a Proof of Service. You should then file it with Court.
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